Police Officers in California have a bad habit of demanding you the driver of a car they suspect my be under the influence of alcohol to give them incriminating information the driver is not required to give. Follow the steps bellow and protect your Constitutional Rights.
1
Be Prepared When Stopped by the Police for DUI
Always have your valid driver's license, current registration and current insurance in one place and together. The moment you pull over, get them all out and ready for the officer. If you have to look for them or because you are nervous and drop them, the officer will say that you are intoxicated because they are trained that fumble is a sign of intoxication. Just because you are nervous, it shouldn't be held against you, so have them ready for the officer. When he or she asks for them, hand them to the officer.
2
Don't Answer Questions You Don't Need to That Can Be Used Against You
Very often, as soon as the officer approaches you, they ask for you license, registration and insurance. As above, have that ready and hand it to them, and don't say anything. At this point, the officer will probably ask if you know one of the following: Do you know why I stopped you? Your answer should be NO. Or, Do you know what the speed limit here is? Your answer: If you are implying I was speeding, I disagree, but I will sign the citation to appear, and I have nothing further to say. Never, Never, Never admit guilt. Don't lie. Just don't talk and admit anything.
3
Officer's Question about where you are coming from
The officer may next ask where you are coming from. That is none of the officer's business. It has nothing to do with speeding. If the officer thinks you impaired by alcohol, he or she is gathering this information for the toxicologist to convict you in court. Alcohol takes a certain amount of time to become absorbed in your blood system after you have drink the alcohol, and that time varies. The closer the time to drinking and driving the BETTER for you. The farther away from drinking and time of your driving the worse it is for you, so the officer wants to know where you are coming from. If where you are coming from is an hour away, then you could not have just had the drinks, and that will help convict you. So, don't answer that question. Just ask the officer why you were stopped. If speeding, ask what does where I am coming from have to do with speeding? The officer will never be able to explain that, so you never answer the question.
4
Officer's Question Have You Been Drinking
NEVER, NEVER, NEVER LIE. However, just answer the question and don't go beyond. For example: Sir, I smell alcohol, have you been drinking this evening? Answer: If you have not been drinking, then No, but if you have, then Yes. Officer, how much have you had to drink, Sir? Answer: I have had a few drinks. How many is a few drinks? Answer: A few. Officer: Well, is that 2,3, 5, how many? Answer: A few, why are you asking me this officer? I smell alcohol, and I think you may be intoxicated. If you think that I am impaired by the alcohol, I will take a "CHEMICAL TEST" to show you that I am innocent, but only the "State Required Chemical Test". Sir, please step out of the car. Do so, and do not lean on the door or car in going to the sidewalk or roadway or the officer will say you are impaired because you touched the car and hold yourself up or stumbled on a rock.
5
Use Your Cell Phone or Tape Recorder
If you have a tape recorder, and you should carry one in your console, or a cell phone that records, take it out , turn it on, and put it in your shirt pocket as soon as you are stopped. Remember, it is on, so only speak when talking to the officer. In your pocket, you can take it with you when you get out of the car when the officer asks you to get out of the car for field sobriety tests. This will later show how the officer talked to you, and that you were polite and did not slur you speech which is usually in every police report because that is a sign of impairment and it is always your word against the officers. This keeps a complete record of what was said, who was and was not polite, and whether or not you had slurred speech. Get in the habit of practicing with the cell phone if your cell phone has an audio recording feature. If not, get one, or a small tape recorder.
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